United States v. Fox

OPINION OF THE COURT UPON RECONSIDERATION

O’BRIEN, Chief Judge:

Ten days after we issued our initial opinion1 in this case, the Court of Military Appeals released its opinion in United States v. Wales, 31 M.J. 301 (C.M.A.1990). Wales reversed the lower court decision, 29 M.J. 586 (A.F.C.M.R.1989), upon which we had relied. In accordance with Courts of Military Review Rule of Practice and Procedure Rule 19, we elected to reconsider our earlier decision in this case, and on 3 October 1990 issued an order requiring further briefs of counsel. We commend counsel for their submissions, which we have…